EB1 Green Card 8 C.F.R. 204.5(h) (3) – Have You Made an Innovation or Major Contribution to Your Field of Endeavor? *

EB1 Green Card - Exploring all of your achievements in your career and considering whether or not they have influenced your industry is quite a daunting task. Let's take a look and see what we come up with.

Contribution of Major Significance in the Field

EB1 Check List:

Evidence of Eligibility: 8 C.F.R. 204.5(h) (3)

(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

For EB1 green card purposes what US Immigration is talking about here is the alien’s ability to show that they have made a significant breakthrough or impact in their field of endeavor. How this plays out in practical terms will depend on the discipline under discussion.

Major Contribution to Science: I work with a lot of scientists who in my opinion as a non-scientist are extraordinary individuals. The question is have they made an extraordinary contribution to their field of endeavor to satisfy this EB1 green card category? An easy question to consider is whether the alien has advanced, broken new ground, discovered, developed something new that has attracted trade press publicity within the community or even beyond.  

EB1 Green Card - EB1 Immigration Examiners are lay people, they are taught to look for the most objective ways to determine whether the alien's work has had a major impact in the field. We therefore, work very closely with our clients to document our client’s achievements as authoritatively as possible.

Because EB1 green card examiners are themselves lay-people they cannot read an alien’s published scientific journal with any understanding or appreciation as to its real significance. Instead, EB1 green card examiners look to see if there is anything published about the alien’s work in some journal or other published material that explicitly states that the work done by the alien is a contribution of major significance in the field. In fact, if the adjudicator had a copy of any article that said words to that effect this would be overwhelming evidence as to the alien satisfying this EB1 green card category. No lay-person even an EB1 green card examiner would be qualified to argue to the contrary.  What is true is that neither the alien nor I can make any claim unless the claim is based on some independent source. If there are no published third-party references, then we’ll explore other effective ways to submit substantive comparable evidence. As an experienced EB1 green card attorney I have discovered a variety of ways to present my client’s contributions to the field. There are also various precedent cases that will also ensure that any EB1 green card examiner gives such evidence its proper due weight and consideration.

Major Contribution to the Arts: One could easily argue that in all fields of endeavor there is art, because within art we’re really talking about creativity and creativity is everywhere. In the arts this area is so broad that it is difficult to know where to begin. I guess I would look first to exploring whether or not the artist established any trends, styles that have subsequently been imitated. Imitation is a form of flattery. I’d also look to see if the alien’s work has in any way become iconic. Again for EB1 green card purposes we cannot simply claim that any artist’s work has had a major impact, we have to uncover ways to prove it in published material. If no published material exists we then have to explore alternative ways to develop sufficient evidence to prove the point beyond the alien’s own personal claims.  As an attorney working solutions to EB1 green card issues is very enjoyable for me. Some client’s are like diamonds in the rough and it’s amazing for me to discover them as rough modest figures in their field and then by the time we’re finished neither the client nor I even knew that all this was in them.

EB1 Green Card - This is a great category to go for if you have invented or developed something that is now used by many clients or you can demonstrate that since your innovation competitors have followed suit.

Major Contribution to Business: There are many discoveries in business most of which do not hit the headlines of any published media simply because the discovery might be proprietary. If an individual or team discovers a new way to beat the competition it’s hardly going to brag about it in the press. In other areas of business it is quite safe for an individual or team to be written about in the media. In some cases establishing that someone has made a major contribution within business might be able to talk about their client list and the clients writing letters about how this new product, software, process has impacted their business in a major way. If you feel you have made any kind of impact with your business community and beyond then let me help you and show you how we can present these achievements to a skeptical EB1 green card examiner.

Major Contribution to Sports: Tiger Woods undoubtedly has made a significant contribution to the world of golf, but how and why?  Is it because he has won many titles and broken many records? Is it because of his color, his youth, the number and amount of his endorsements?  Is it because of the number of column inches he commands in the press? I guess the answer is all of the above. When looking at someone’s contribution to their sport we’re looking at the degree of influence and standing they have within the sport. There is no simplistic approach to this, it’s basically a question of me spending time to interview and discuss all that my client has done within the industry and to see how they have made their mark.

Summary: EB1 green card examiners are looking for as much independent evidence as possible as to the alien’s contribution to their field of endeavor. It has to be major. What constitutes a major contribution is a highly subjective issue. To counter immigration skepticism we have to develop as much objective evidence as possible which often times is not obvious at first. I guess deep down the alien knows whether they have done anything remarkable within their field but often times modesty holds them back. The key therefore, is to work with us so that we can explore and find the best way to bring it out. 

 By Attorney Chris M. Ingram

EB1 Green Card Checklist -
One Time International Award -
National Award -
Invited Membership -
Published Material About You -
Judging -
Innovation -
Scholarly Articles -
Exhibition or Showcases -
Leading / Critical Role -
High Salary -
Commercial Success -

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

General Location: Santa Monica , Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

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